Can you go to jail for posting clips of movies on TikTok?

TikTok, which was first launched in September 2016, has transformed into one of the most popular social media in Indonesia, and even the world. Although it was blocked in Indonesia in 2018, TikTok’s fame has not decreased. Even today, TikTok is one of the most used social media in Indonesia. Many Indonesians are competing to be “Seleb TikTok” (nickname for TikTok artists), because they are considered cool and can make large amounts of money. However, there are still many TikTok Celebs who do not understand the terms and conditions of using TikTok, let alone the law regarding Copyright which is contained in the TikTok application.

Many TikTok Celebs feel annoyed because the posted content does not get many views even though their followers have already thousands or are confused because the posted content suddenly disappears. One of the reasons this incident may occur is because the content posted is negative content or content that has Copyright infringement in it.

Lately there are many TikTok accounts that post footage of the film, the most frequently appearing on fyp (for your page – as the homepage on TikTok) is a cut from the Disney + series “The Falcon and The Winter Soldier.” There are pros and cons about posting TikTok movie footage. The pros will definitely think that with the footage of the film being posted and going viral on TikTok it will make people curious and interested in watching the film, but many also think that if there is a trailer for the film it will make the audience’s curiosity lessen posted is an important part of a film) so that it will result in enormous losses to the producer and the film-making team.

Because these activities can harm a party, is posting films on TikTok illegal? Is there a law governing this? What is the penalty for people who post footage on TikTok?

Peringatan tentang Hak Cipta di TikTok

Actually, the application from China has explained the intellectual property policy which can be seen in the settings & privacy menu. There is a Copyright policy which reads:

“We do not allow any content that infringes copyright. The use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation of TikTok’s policies.” 

Although not all unauthorized use of copyrighted content is a violation, we must pay attention to moral rights such as including sources if we want to use copyrighted content. Currently, TikTok already has an automatic system for downloading content that violates copyright, so don’t be surprised if your content suddenly disappears without notification. Because Copyright infringement is a complaint offense, TikTok has prepared a form to report Copyright infringement. If there are copyright holders who have objections, just report by including the copyright holder’s name, email, home address, telephone number, and proof of copyright ownership.

Penalties for copyright infringement in the TikTok application are unilateral deletion of content or account blocking if there are many violations in one account, even this issue can be brought to trial.

 

Copyright Infringement Complaint Form on TikTok

In Indonesian law, Copyright is regulated in Law number 28 of 2014. Article 1 paragraph 1 of the Copyright Law explains that Copyright is the exclusive right of a creator that arises automatically based on the declarative principle after a work is manifested in real form without reducing the appropriate restrictions with the provisions of laws and regulations.

Article 1 paragraph 3 of the Copyright Law explains that a work is any copyrighted work in the fields of science, art and literature that is produced based on inspiration, ability, thought, imagination, dexterity, skill, or expertise which is expressed in a tangible form.

Is the film a creation? Article 40 paragraph 1 letter m explains that a cinematographic work is a work protected by the Copyright Law, this protection applies from the first announcement. What is meant by announcement is reading, broadcasting, exhibition, a work using any means, whether electronic or non-electronic.

TikTok Upholds Copyright Protection

Because a cinematographic work is a creation, it will be automatically protected by the Copyright Law from the first announcement. Although the registration of a work is not an obligation to obtain a copyright. However, copyright holders who register their works will receive a creation registration letter which can be used as initial evidence in court if a dispute arises in the future against the work.

Based on Article 113 of the Copyright Law, penalties for violators of the use of Copyright are:

Any person who without the rights and / or without the author’s permission or the copyright holder violates the economic rights of the Creator as referred to in Article 9 paragraph (1) letter a, letter b, letter e, and / or letter g for Commercial Use, shall be punished with a maximum imprisonment of 4 (four) years and / or a maximum fine of Rp1,000,000,000.00 (one billion rupiah).

Based on the aforementioned Article, if a person uses a work such as publishing a work, copying the work in all its forms, distributing the work or copy thereof and announcing a work for commercial purposes without asking the author’s permission, this violates the economic rights of the creator which can be subject to imprisonment at the most. 4 (four) years and / or a maximum fine of Rp. 1,000,000,000.00 (one billion rupiah).

Therefore, understand the Moral Rights and Economic Rights contained in the Copyright Law to avoid Copyright infringement. Even though a complaint against a copyright infringer is a complaint offense, where only the copyright holder can sue someone who violates the copyright, it is better if the partners still respect the creator’s moral rights, such as including the creator’s name when uploading film footage for tiktok partners’ content. If partners still have questions about Intellectual Property, partners can contact us at marketing@ambadar.co.id.

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